Case T‑348/16 OP-R

Aristoteleio Panepistimio Thessalonikis

v

European Research Council Executive Agency

(Application for interim measures — Arbitration clause — Judgment by default — Application for a stay of execution of the judgment — No jurisdiction)

Summary — Order of the President of the General Court, 13 July 2017

1. Judicial proceedings — Action before the General Court — Application to have default judgment set aside — No suspensory effect on implementation of the judgment

   (Statute of the Court of Justice, Arts 41 and 53)

2. Application for interim measures — Jurisdiction of the Court/judge hearing the application for interim relief — Limits — Application to have default judgment set aside — Application for suspension of operation of the judgment — Lack of jurisdiction — Jurisdiction of the General Court to suspend operation until the decision on the application to set aside

   (Rules of Procedure of the General Court, Arts 1(2)(a), 123(4), 156 and 166; Statute of the Court of Justice, Arts 41 and 53)

1.  See the text of the decision.

   (see para. 8)

2.  Article 123(4) of the Rules of Procedure provides that, where the judgment by default is enforceable, the General Court may, however, grant a stay of execution until it has given its decision on any application under Article 166 of those rules to have that judgment set aside. For the purposes of application of the Rules of Procedure, in accordance with Article 1(2)(a) thereof, the term ‘General Court’ means, in cases assigned or referred to a Chamber, that Chamber. It follows that the stay of execution of the judgment by default is the subject of specific provisions expressly conferring that jurisdiction on the General Court rather than on the President of the General Court in his capacity as the judge hearing the application for interim measures. It is thus apparent from the wording and scheme of both the Statute of the Court of Justice of the European Union and the Rules of Procedure that the President of the General Court does not have jurisdiction to rule on an application for suspension of operation of a default judgement.

   (see paras 9-11, 13)